- 1 - HC-KAR NC: 2025:KHC:26595 WP No. 6467 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6467 OF 2021 (GM-CPC) BETWEEN: 1. SRI. S. P. CHANDAN, S/O LATE H.C.PURUSHOTHAMA, AGED ABOUT 31 YEARS, 2. SRI. S.P. CHETAN, S/O LATE H.C.PURUSHOTHAMA, AGED ABOUT 31 YEARS, 3. SMT. B.S.SUSHEELA, W/O LATE H.C.PURUSHOTHAMA, AGED ABOUT 53 YEARS, ALL ARE RESIDING AT MIG -14/1, 1ST STAGE, KHB COLONY, HOSAHALLI, MANDYA CITY. …PETITIONERS (BY SMT.THEJASHWINI S., ADVOCATE) AND: SMT. M. SMITHA, W/O H.K.NAVINDRANATH, AGED ABOUT 27 YEARS, R/AT NO.1460, 1ST CROSS, JAIN'S COLONY, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26595 WP No. 6467 of 2021 ASHOK NAGAR, MANDYA CITY. …RESPONDENT (BY SRI. SHANTHI BHUSHAN H., ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AND THEREBY SET ASIDE THE ORDER DATED 03-06-2020 ON I.A NO.2 IN O.S NO.61/2016 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC MANDYA AS PER ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order of the concerned Court dated 03.06.2020, which rejects an application in I.A.No.2 in O.S.No.61/2016. 2. Heard Smt. Thejashwini S., learned counsel appearing for the petitioners, Sri. H. Shanthi Bhushan, learned DSGI, appearing for the respondent and have perused the material on record. - 3 - HC-KAR NC: 2025:KHC:26595 WP No. 6467 of 2021 3. The respondent - plaintiff institutes O.S.No.61/2016 for eviction on the basis of a Sale Deed dated 25.10.2013. The defendants therein file their written statement. Another suit in O.S.No.55/2018 seeking declaration that the Sale Deed dated 25.10.2013 is null and void is instituted by the present petitioners - defendants in O.S.No.61/2016. Therefore, the petitioners - defendants file an application under Section 10 of the CPC in O.S.No.55/2018 till the conclusion of the suit in O.S.No.61/2016. 4. Learned counsel for the respondent appearing for the respondent - plaintiff submits that both the suits if arising out of the same cause of action, can be tried together before the same Court. 5. Learned counsel for the petitioners is agreeable to the said solution submitted by the learned counsel, Sri. H. Shanthi Bhushan, appearing for the respondent. - 4 - HC-KAR NC: 2025:KHC:26595 WP No. 6467 of 2021 6. In that light, I deem it appropriate to direct O.S.No.61/2016 and O.S.No.55/2018 to be tried by the same Court not clubbing, but together. 7. In the light of the aforesaid order, the order rejecting the application seeking clubbing need not be interfered with. 8. It is however made clear that both the suits in O.S.No.61/2016 and O.S.No.55/2018 shall be tried together and to be heard together before the Court hearing O.S.No.55/2018. Since the suits are of 9 years and 7 years respectively, I deem it appropriate to infuse finality into those proceedings by directing the concerned Court to conclude the proceedings within an outer limit of six (6) months, if not earlier, in accordance with law. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 98